DePaul Law Review Volume 51 Issue 1 Fall 2001 Article 3 A "Time-Slice" Approach to Tort Law's Component Parts Problem Alani Golanski Follow this and additional works at: https://via.library.depaul.edu/law-review Recommended Citation Alani Golanski, A "Time-Slice" Approach to Tort Law's Component Parts Problem, 51 DePaul L. Rev. 39 (2001) Available at: https://via.library.depaul.edu/law-review/vol51/iss1/3 This Article is brought to you for free and open access by the College of Law at Via Sapientiae. It has been accepted for inclusion in DePaul Law Review by an authorized editor of Via Sapientiae. For more information, please contact
[email protected]. A "TIME-SLICE" APPROACH TO TORT LAW'S COMPONENT PARTS PROBLEM Alani Golanski' 2 If you don't like my peaches, baby, why do you shake my tree? INTRODUCTION Law, as it appears, usually does not need philosophy to solve its problems. Lawyers articulate opposing interests, and the judge or ap- pellate panel decides the particular controversy, aware that future le- gal actors will draw general principles from the outcome. Legal precedents and public policy will frame both the debate and the decision. At the same time, because judges are intellectually variegated be- ings, other disciplines are always latent in legal decision-making. Once in a while, the court will rely explicitly on a nonlegal discipline, such as philosophy.3 This usually happens when the issue addressed is one of first impression in the strong sense. Cases of strong first impres- sion most likely surface when there has been a shift in the relevant cultural or social landscape that has disoriented the court to some ex- tent.4 A case of first impression arises in the weak sense however, when no prior decision in the controlling jurisdiction is quite on point, 1.